The advocates for marijuana legalization have amended the bill to advance their agenda, which I believe is dangerous.
By Leslie Bonilla-Muñiz, Indiana Capital Chronicle
Indiana marijuana adversaries contend that legislation regulating a similar drug would advance legalization—but a key lawmaker says that’s not happening.
Jake Teshka told Capital Chronicle, “I’m not sure if there is a misunderstanding about our position on this issue.” “And so, [I’m] “I’m going to work with you to resolve that and make whatever changes are necessary.”
Teshka is the House sponsor for Senate Bill 478, the Indiana General Assembly’s latest attempt to set regulations on a young industry booming in a legal gray area.
Legislation sets licensing, tests, packaging, an age limit, advertising, and other requirements. It’s aimed largely at delta-8 tetrahydrocannabinol (THC), an isomer of delta-9 THC—the major psychoactive component in marijuana.
The status quo cannot continue, is it? Teshka remarked, “I mean it’s like the Wild West outside.”
Senate has consistently resisted efforts to regulate while concept enjoyed great success in House. However, this package was created by the Senate. It has been approved in that chamber.
The Indiana Prosecuting Attorneys Council (IPAC), which had been neutral, has now become a strong opponent. This change in policy is alarming to marijuana opponents.
Micah Clark of Indiana’s American Family Association wrote in an alert on Thursday that “advocates for full marijuana legalization have amended the bill to advance their dangerous agenda.” The alert was entitled “Is Indiana Legalizing Marijuana?”
Teshka stated at the time that he wanted to “correct” an “well-intended Senate amendment” which altered the definition for hemp, and also included other cannabinoids. IPAC’s Chris Daniels described the changes as “an overcorrection.”
Daniels stated that removing “precursors’ from several provisions could complicate the testing and enforcement of those laws. Daniels gave THCA (a precursor for delta-9-THC) as an illustration.
“If someone sells a product that is 40 percent THCA…that would meet the bill, since we’re limited to 0.3 percent delta-9 THC, but when that product is heated up…it will turn into a high-potency delta-9 THC,” Daniels said. “This is the same issue that the lab has when we submit these products…the testing process heats that product up.”
That could force testing in private, out-of-state labs, per Daniels — “which is going to be an astronomical fiscal for us.”
Teshka did not share these fears.
The legislation, he said, maintains bans on the sale of THCA and craft hemp flower within Indiana—although farmers could grow the latter for sale elsewhere.
He noted that the Office of the Indiana State Chemist is currently testing growing plants to determine their total THC contents. He acknowledged, however, that THC levels may spike in the time between harvest and testing. The office that oversees the hemp farmers and handles does not regulate products for sale at retail.
Asked if product testing is available, Teshka said, “We can test in-state… I think what [IPAC is] The state police lab does not have the ability to do this.”
He added that the Indiana chemists’ office, as well as third-party vendors could do this. However, he wondered “if they have enough money to buy such equipment”. Teshka said that this is despite the fact that there are questions about whether current technology could differentiate between hemp grown legally and marijuana banned.
Teshka and IPAC will meet on Monday to discuss clarifications.
Daniels of IPAC also said that the milligram limitations in the amendment were concerning.
Craft hemp flowers would be required to have less than 0.3 per cent of delta-8 or delta-9 THC, or hexahydrocannabinol (THC) by weight or volume. The maximum THC content of gummies, edibles, and tinctures will be 100 mg/serving and 3,0 mg/package. Drinks are limited to 600 mg per pack and 25 mg/unit. E-liquids must contain no more than 3 grams THC. The amendment permits a “variance”, of up to 20%, from these limits.
Daniels, who spoke to the committee, said that the issue is that, if the definition of marijuana were to be expanded, Indiana would become a place where, in trying to regulate the product, it could sell the strongest products. This was more so than any other state which has legalized pot.
Teshka claimed that the new language will “significantly increase” the market, noting products that are 1,000 milligrams each.
He stated that “we came in 10 percent below what is currently on the market”. Discussions “are continuing” about limits.
Teshka stated that Indiana still needs to take action to address delta-8 in this session of the legislature: “If this issue is left unattended for another year, we are just kicking the can further down the road.”
After passing out of committee on an 8–3 vote, the bill awaits a finance-focused hearing in the House Ways and Means Committee.
A federal judge dismissed last week a lawsuit filed nearly two years ago regarding the legality of delta-8 THC due to lack of standing. It was a dismissal without prejudice. The plaintiffs can choose to file again in state court.
The original publication of this story is Indiana Capital Chronicle.
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